Security On Campus, Inc. Higher Education Act Reauthorization Proposals October 2002
	Statutory Authority	Suggested Amendment	Rationale	Proposed Statutory Language
1	20 U.S.C. 1092(f)(1)	This amendment would add an additional policy statement to an institution’s annual campus security report that complaints of violations of their campus security reporting obligations may be filed with the Department of Education, and that the institution will take no retaliatory action against anyone for doing so.	Currently members of the campus community are not informed about how to file a complaint, and a school may legally retaliate against them for doing so which has a chilling effect on complaints.	A statement indicating that anyone who believes an institution is not in compliance with the campus security disclosure and sexual assault policy requirements of this subsection may file a complaint with the Department of Education and giving the most current address of and contact information for where complaints should be directed. Such statement shall indicate that the institution will not retaliate against any individual for filing a complaint.
2	20 U.S.C. 1092(f)	This amendment would define the rights of a complainant against retaliation for filing a complaint against an institution alleging violations of their campus security reporting obligations.	Currently members of the campus community are not informed about how to file a complaint, and an institution may legally retaliate against them for doing so which has a chilling effect on complaints.	No participating institution or agent of any such institution shall intimidate, threaten, coerce, or otherwise discriminate against any individual for the purpose of interfering with the implementation of any provision of this subsection, or any rights or privileges accorded under this subsection, or because the individual has complained, testified, assisted, or otherwise participated in any aspect of an investigation, proceeding, or hearing to enforce this subsection.
3	20 U.S.C. 1092(f)(1)(F)(i)(IX)	This amendment would add public intoxication and driving under the influence to the crimes for which arrests and disciplinary referrals must be disclosed.	Presently these offenses are excluded from the liquor law violations institutions must report.	arrests or persons referred for campus disciplinary action for liquor law violations, driving under the influence, drunkenness, drug-related violations, and weapons possession; and
4	20 U.S.C. 3418	This amendment would establish the Campus Security Policy Compliance Office to enforce the campus security disclosure provisions of the Higher Education Act.	The Office will have responsibility for assisting institutions to come into compliance with the Clery Act by providing technical assistance. The Clery Act already specifies that the DOE will provide such assistance upon request to schools, but it is presently unclear exactly where schools should turn for authoritative guidance. The Office will have responsibility for accepting complaints of violations of the Clery Act. Presently the DOE’s regional offices handle complaints, although their personnel often do not have the needed training. The Office will also ensure that complainants are informed of the outcome of any such review. Presently complainants must file a separate Freedom of Information Act request to obtain that information. The Office will have responsibility for performing random audits of institutions to ensure that they are in full compliance with the Clery Act. At present there is no mechanism to verify that accurate information is being provided to students or the DOE unless a complaint is filed.	(a) The Secretary of Education shall establish within the Department of Education a Campus Security Policy Compliance Office. (b) The Secretary, through the Campus Security Policy Compliance Office established under subsection (a) of this section, shall (1) Provide technical assistance to institutions of higher education regarding the requirements of Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)); (2) Accept and investigate complaints of violations of the provisions of 20 U.S.C.§1092 (f), and notify complainants of the outcomes of such investigations; (3) Perform random reviews of compliance with 20 U.S.C.§1092 (f) by institutions of higher education; (4) Enforce the provisions of 20 U.S.C.§1092 (f) by imposing civil penalties as provided for in 20 U.S.C.§1092 (f)(13); (5) Collect from institutions of higher education all information required to be provided to the Secretary under 20 U.S.C.§1092 (f)(5); (6) Make copies and analysis of the crime statistics submitted to the Secretary available to Congress and the public as provided for in 20 U.S.C.§1092 (f)(5) through publication and other means; (7) Report to the authorizing committees of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of 20 U.S.C. 1092(f) as provided for in 20 U.S.C. 1092(f)(11)); (8) In coordination with representatives of institutions of higher education, identify exemplary campus security policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus crime; and (9) Coordinate with the Department of Justice, other federal agencies, state governments, campus police/security agencies and non-profit victim assistance agencies efforts to combat crime and violence, and to provide assistance to the victims of such crime and violence; including but not limited to sexual assault, arson, hazing, and illegal alcohol and other drug use; at institutions of higher education. (c) The Secretary shall ensure that the Office has adequate staff, including a Director, to carry out all functions established under subsection (b) of this section.